POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Basra 60
BAVA BASRA 60 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of
love for the Torah and for those who study it.
1) INCREASING TRAFFIC IN THE CHATZER
(a) (Mishnah): If he bought a house in another Chatzer, he
may not make an entrance to the joint Chatzer.
2) OPENINGS THAT REDUCE PRIVACY
(b) Question: What is the reason?
(c) Answer: Because this would cause more people (i.e. those
of the other Chatzer, who now have a shorter path) to
walk through the joint Chatzer.
(d) Question (end of the Mishnah): He may add an interior
room or a second story onto his house, and make the
entrance to his house.
1. This will cause more people (tenants in the added
room) to walk through the joint Chatzer!
(e) Answer (Rav Huna): He did not build onto his house, he
merely split an existing room into two (an inner and
outer room, or he built a ceiling at half the height of
the room, splitting the room into a lower room and an
(a) (Mishnah): A person may not open a door opposite a door
in a joint Chatzer, nor a window opposite a window;
3) DAMAGE TO THE PUBLIC DOMAIN
1. He may not make an opening larger, nor split it into
(b) A person may open a door opposite a door across a public
domain, or a window opposite a window;
1. He may make an opening larger, or split it into two.
(c) (Gemara) Question: What is the source (of the first law)?
(d) Answer (R. Yochanan): "Va'Yar Es Yisrael Shochen
li'Shvatav" - he saw that the openings of their tents do
not face each other;
1. This shows that they are worthy for the Divine
Presence to rest on them.
(e) (Mishnah): He may not make an opening larger.
(f) (Rami bar Chama): This means, he may not enlarge an
opening of four Amos to eight, for this would entitle him
to a larger share of the Chatzer (when they will divide
it, one gets an area (for unloading) for each opening,
like the length of the opening (but not less than four
Amos)), but he may enlarge an opening of two Amos to four
(since in any case he gets four Amos for it).
(g) Rejection (Rava): No - the partners in the Chatzer can
say, a larger opening decreases our privacy.
(h) (Mishnah): He may not split it into two.
(i) (Rami bar Chama): This means, he may not split an opening
of four Amos into two openings of two each, for this
would entitle him to a larger share of the Chatzer, but
he may split an opening of eight Amos into two openings
of four each.
(j) Rejection (Rava): No - the partners in the Chatzer can
say, more openings decreases our privacy.
(k) (Mishnah): A person may open a door opposite a door
across a public domain, or a window opposite a window.
(l) This is because in any case they have no privacy, people
are always walking by.
(a) (Mishnah): One may not make a pit under a public domain;
(b) R. Eliezer permits this, if the cover can support a wagon
laden with rocks.
(c) One may not extend ledges or beams to a public domain;
1. He may recess his house from the public domain, and
extend them up to the public domain.
(d) If one buys a Chatzer which has ledges extending to the
public domain, he has a Chazakah that these were built
properly (according to the above law).
(e) (Gemara): The first Tana argues with R. Eliezer, for
sometimes the cover will get weaker, and he will not know
(to fix it).
(f) (Mishnah): One may not extend ledges or beams to a public
(g) R. Ami had a ledge extending into a Mavuy (alleyway);
Ploni had a ledge extending into the public domain.
People complained that Ploni's ledge was impeding them.
1. R. Ami: You must remove it.
(h) R. Yanai had a tree whose foliage hung over a public
domain; also Almoni had such a tree. People complained
that Almoni's tree was impeding them.
2. Ploni: You also have a ledge that juts out!
3. R. Ami: My ledge extends to a Mavuy; the people
i. Yours extends to a public domain - it is
impossible to get everyone's permission!
1. R. Yanai told Almoni to return tomorrow; that night,
R. Yanai cut his foliage.
4) ONE WHO RECESSED HIS HOUSE
2. R. Yanai (the next day): You must cut the foliage.
(i) Question: Originally, R. Yanai did not cut his tree - why
did he change his mind?
3. Almoni: You also have such a tree!
4. R. Yanai: If mine is cut, you must also cut yours.
(j) Answer: At first, he thought that people preferred the
shade; when he heard that it impedes people, he cut it.
(k) Question: Why didn't he tell Almoni immediately to cut
(l) Answer: Because of Reish Lakish's teaching.
1. (Reish Lakish): "Hiskosheshu va'Koshu" - first fix
yourself, then correct others.
(a) (Mishnah): He may recess his house from the public
domain, and extend...
5) MOURNING OVER THE CHURBAN
(b) Question: If he recessed his house and did not extend,
may he later extend?
(c) Version #1 - Answer #1 (R. Yochanan): Yes.
(d) Answer #2 (Reish Lakish): No.
(e) Version #2 (R. Yakov): All agree that he may extend; they
argue whether he may extend his house until the original
border (where his property met the public domain).
(f) Answer #1 (R. Yochanan): No.
(g) Answer #2 (Reish Lakish): Yes.
1. R. Yochanan holds like Rav Yehudah.
(h) (Mishnah): If one buys a Chatzer which has ledges
extending to the public domain, he has a Chazakah that
these were built properly.
2. (Rav Yehudah): It is forbidden to disturb a path
that the public was Machzik in.
3. Reish Lakish says that this does not apply here, for
there will remain enough room for people.
(i) (Rav Huna): If the ledges fell, he may rebuild them.
(j) Question (Beraisa): On account of mourning over the
Churban, we may not plaster, or make pictures on the
1. If one bought a plastered or pictured Chatzer, he
may keep it that way; if it fell, he may not rebuild
it as it was.
(k) Answer: That is a prohibition, it is different (the buyer
must conduct like a mourner; the ledge is a monetary
question - since we say that he recessed, the property
belongs to the buyer).
(a) (Beraisa): One may not plaster his house; if he mixed in
sand or straw, it is permitted.
(b) R. Yehudah says, if he mixed in sand, this is Trachsid
(cement), it is forbidden; if he mixed in straw, it is
(c) (Beraisa): After the Churban, many Perushim abstained
from meat and wine.
1. R. Yehoshua: Why are you abstaining from meat and
(d) R. Yehoshua: We must mourn, but we should not mourn too
2. Perushim: How can we eat them? They used to be
offered on the Altar, and now they are not!
3. R. Yehoshua: Nor should we eat bread, also Menachos
were offered and now they are not!
4. Perushim: Indeed, we will not eat bread - we can
survive on other produce.
5. R. Yehoshua: Nor should we eat fruits, Bikurim were
offered and now they are not!
6. Perushim: Indeed, we will not eat fruits of the
seven species from which Bikurim were offered.
7. R. Yehoshua: Nor should we drink water, water was
offered on Sukos and now it is not!
8. The Perushim had no answer.
1. "Ba'Me'erah...Kove'im ha'Goy Kulo" - we do not make
decrees which the congregation cannot endure.
(e) R. Yehoshua: Chachamim said, one may plaster his house,
but he leaves a small amount unplastered.
1. Question: How much must he leave?
(f) One may make a lavish banquet, but he omits a small thing
(that he otherwise would have served).
2. Answer (Rav Yosef): A square Amah.
3. (Rav Chisda): He should leave it opposite the
1. Question: What does he omit?
(g) A woman may apply all her cosmetics, but she omits
2. Answer (Rav Papa): Fish fried with flour and oil
1. Question: What does she omit?
(h) Everyone who mourns over Yerushalayim merits to see its
Simchah - "Simchu Es Yerushalayim...Kol ha'Misabelim
2. Answer (Rav): She does not apply plaster to her
temples (to make the hair fall out - Rashbam; Rambam
- she omits one ornament).
3. Question: "Im Eshkachech Yerushalayim...Al Rosh
Simchasi" - what does this refer to?
4. Answer (R. Yitzchak): A Chasan puts ashes on his
5. Question (Rav Papa): Where on the head does he put
6. Answer (Abaye): In the place where Tefilin are worn
- "Pe'er Tachas Efer".
(i) (Beraisa - R. Yishmael ben Elisha): After the Churban, we
should have decreed not to eat meat and wine, but we do
not make decrees which the congregation cannot endure;
1. Romi seized power, and makes evil harsh decrees
against us, impeding our Torah and Mitzvos, they do
not let us go to circumcisions (some say - Yeshu'a
ha'Ben (Aruch - redemption of a firstborn));
2. On account of this, we should have decreed not to
marry or have children, but then the seed of Avraham
would die out;
i. It is better that Yisrael not realize that it
is improper to marry and have children, than
that they should know and intentionally